Res 2016-072/Police Video Upgrade Project

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5.3.3 A replacement product will be new or like new and have the remaining warranty period of the original product or 90 days from the date of replacement or repair, whichever period is longer. When a product or part is exchanged, any replacement item becomes Purchaser's property and the replaced item becomes TASER's property. 6 Product Warnings. See our website at , m JASI II ,.corgi for the most current product warnings. 7 Design Changes. TASER reserves the right to make changes in the design of any of TASER's products and services without incurring any obligation to notify the Agency or to make the same change to products and services previously purchased. 8 Insurance. TASER will procure and maintain at its own expense insurance with insurance companies authorized to do business in the State of Texas, covering all operations under the Agreement, whether performed by TASER or its agents, subcontractors or employees. Before commencing the work TASER will furnish to the City a certificate or certificates in a form satisfactory to the City, showing that TASER has complied with this paragraph. All certificates will provide that the policies will not be canceled until at least 30 calendar days prior written notice has been given to the City. Failure of TASER to demand a certificate or other sufficient evidence of full compliance with these insurance requirements or failure of TASER to identify a deficiency from the evidence that is provided as proof of insurance will not be construed as a waiver of TASER'S obligation to maintain the required insurance coverage specified herein.. Commercial general liability and motor vehicle insurance will be written with the City as an additional insured and will be endorsed to provide a waiver of the carrier's right of subrogation against the City. The kinds and amounts of insurance required are as follows: Workers' Compensation Insurance and /or Employer's Liability: In accordance with the provisions of the Workers' Compensation Act of the State of Texas and /or $500,000.00/$500,000.00 for Employer's Liability. Liability Insurance: (1) Commercial general liability insurance (standard ISO version) with a combined single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate, providing coverage for, but not limited to, bodily injury and property damage, premises /operations, products /completed operations, independent contractors as applicable. (2) Business Motor Vehicle liability insurance (standard ISO version) in an amount not less than $1,000,000 per occurrence Should TASER not own any automobiles, the business auto liability requirement will be amended to allow TASER to agree to maintain only Hired and Non -Owned Auto Liability. This amended coverage requirement may be satisfied by way of endorsement to the Commercial General Liability or separate Business Auto Policy. 9 Indemnification. (a) TASER, at its own expense, will completely and entirely hold harmless, indemnify and defend the City from any claim or suit brought against the City involving an alleged violation of patents or copyrights resulting from TASER's or the City's use of any software, documentation and /or data provided or developed by TASER in connection with the services and products described in the Agreement. The City will provide TASER with a written notice of any such claim or suit. The City will assist TASER, in reasonable ways, in the preparation of information helpful to TASER in defending the City against such a claim or suit. The City retains the right to offset against any amounts owed TASER any such monies expended by the City in defending itself against such claims. Should a court order be issued restricting the City's use of any product at the City's sole option, TASER will, at TASER'S sole Title: Evidence.com Master Service Agreement with Exhibits Page 5 of 27 Department: Legal Version: 11.0 Release Date: 7/31/2015